Digital Commons Network^™

Gendering Gardasil: Framing Gender And Sexuality In Media Representations Of The Hpv Vaccine, Maura Kathleen Pisciotta

Dissertations and Theses

In an age of biomedicine, technologies, drugs, and treatments are expanding in new and diverse ways. Especially relevant to biomedicalization and this research is how such information is conveyed to the public through the media. Medical information is omnipresent in the media through direct-to-consumer (DTC) advertising and regular coverage of health topics in the news. The accessibility and proliferation of medical information provides an important opportunity to examine the ways in which these topics are framed in the media. This research specifically examines the framing of the HPV vaccine, Gardasil in the mass media. In this study, I explore how …

Are We Cool Yet?: A Longitudinal Content Analysis Of Nerd And Geek Representations In Popular Television, Christopher Louis Cardiel

Dissertations and Theses

This study explores the representation of nerds and geeks in popular broadcast television programs over the course of the past twenty years. A content analysis of the five most popular scripted broadcast television programs for each year was conducted in order to assess the frequency of nerd characters, as well as the social competence, physical attractiveness, and demographic information of each such character. In addition, a supplemental survey design study was employed in order to collect public opinion data regarding perceptions of nerds in general and on television. The results of these studies indicated that while the per-year frequency of …

Dna-Carbon Nanotubes Composites As Gene Sensors, Hugo Alarcon

Open Access Theses & Dissertations

Carbon fullerenes are unusually structured molecules with robust mechanical and electronic properties. Their versatility is astounding; envisioned applications range from field emission displays to impregnated metal composites, battery storage media, and nanoelectronic devices. The combination of simple constituency, diverse behavior, and ease of fabrication makes these materials a cornerstone topic in current research.

This work describes experiments conducted on nanotubes using Dynamic light scattering (DLS). The aim is to detect cluster formation from individual carbon nanotube (CNT) solutions using a nanotube DNA binding sequence and a secondary recognizing complementary DNA sequence to bind neighboring CNTs. Dynamic Light Scattering is an …

Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia

Journal Articles

WikiLeaks’ successive disclosures of classified U.S. documents throughout 2010 and 2011 invite comparison to publishers’ decisions forty years ago to release portions of the Pentagon Papers, the classified analytic history of U.S. policy in Vietnam. The analogy is a powerful weapon for WikiLeaks’ defenders. The Supreme Court’s decision in the Pentagon Papers case signaled that the task of weighing whether to publicly disclose leaked national security information would fall to publishers, not the executive or the courts, at least in the absence of an exceedingly grave threat of harm.
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The Limits Of The New Deal Analogy, Barry Cushman

Journal Articles

The past three years of the Obama Administration inevitably have elicited comparisons between the present day and the era of President Franklin D. Roosevelt’s New Deal. While frequently illuminating, such comparisons often overlook an important point that many may have forgotten: compared with the major reform initiatives undertaken during President Obama’s tenure, a review of the roll call votes reveals that the measures enacted by the New Deal Congresses enjoyed a remarkable degree of bipartisan support. In addition, the Democrats enjoyed large majorities in the House of Representatives from 1933 forward, and a filibuster-proof majority in the Senate after 1934. …

The Social Life Of Musical Instruments, Eliot Bates

Publications and Research

Accordion Crimes, a novel by E. Annie Proulx, traces the life of and routes travelled by a green diatonic button accordion: its birth in Sicily in the workshop of “The Accordion Maker,” its numerous changes of ownership in the Americas during encounters between various immigrant communities, and its death when it finally falls into disrepair in the town of Old Glory, Minnesota. There are other accordions in the book, and many temporary human owners, but it is one particular green accordion that is the book’s protagonist. We meet and experience other characters largely through their interactions with the green accordion, …

The Arbitrage Of Truth: Combating Dissembling Disclosure, Derivatives, And The Ethic Of Technical Compliance, William H. Widen

University of Miami Law Review

No abstract provided.

An Exception To An Exception: Officer Inadvertence As A Requirement To Plain View Seizures In The Computer Context, David C. Behar

University of Miami Law Review

No abstract provided.

Disabled By Solitude: The Convention On The Rights Of Persons With Disabilities And Its Impact On The Use Of Supermax Solitary Confinement, Kathryn D. Demarco

University of Miami Law Review

No abstract provided.

A Broken Windows Theory Of International Corruption, Roger P. Alford

Journal Articles

The Article re-conceptualizes corruption through the lens of the broken windows theory of community policing, focusing on the root consequences of corruption as well as its secondary effects.

Part II of the Article posits that corruption is a broken window that signals the breakdown of community controls necessary for the maintenance of social order. A government that abuses its power for private gain is a government that cannot be trusted to pursue the general welfare. Empirical evidence finds ample support for this claim, confirming that corruption negatively alters the public’s perception of government and society.

Part III of the Article …

Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett

Journal Articles

This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …

Is Pepsi Really A Substitute For Coke? Market Definition In Antitrust And Ip, Mark P. Mckenna

Journal Articles

Antitrust law explicitly depends on market definition. Many issues in IP law also depend on market definition, though that definition is rarely explicit. Applying antitrust traditional market definition to IP goods leads to some startling results. Despite the received wisdom that IP rights don't necessarily confer market power, a wide array of IP rights do exactly that under traditional antitrust principles. This result requires us to rethink both the overly-rigid way we define markets in antitrust law and the competitive consequences of granting IP protection. Both antitrust and IP must begin to think realistically about those consequences, rather than falling …

Adhering To Law And Values Against Terrorism, Mary Ellen O'Connell

Journal Articles

The thesis of this article was inspired by the remarks of John O. Brennan, Assistant to the President for Homeland Security and Counterterrorism, at Harvard Law School on September 16, 2011. Brennan said: “I've developed a profound appreciation for the role that our values, especially the rule of law, play in keeping our country safe. It's an appreciation, of course, understood by President Obama.... That is what I want to talk about this evening—how we have strengthened, and continue to strengthen, our national security by adhering to our values and our laws.”

Brennan's position is backed up by considerable data …

Inclusionary Housing On A Global Basis, James J. Kelly Jr.

Journal Articles

This is a book review of Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture (2010, Nico Calavita and Alan Mallach, eds.). The book offers a comparative look at land-use based approaches to the creation of affordable housing in a broad range of developed countries. A little less than a sixth of the book is dedicated to the U.S., with special attention given to the development on inclusionary programs in California and New Jersey. The editors then devote a chapter each to Canada, England, Ireland, France, Spain and Italy. The penultimate chapter looks at inclusionary practices …

Toward Economic Analysis Of The Uniform Probate Code, Daniel B. Kelly

Journal Articles

Insights from economics and the economic analysis of law may be useful in analyzing succession law, including intestacy and wills as well as nonprobate transfers such as trusts. After surveying prior works that have examined succession from a functional perspective, I explore the possibility of utilizing tools like (i) transaction costs, (ii) the ex ante/ex post distinction, and (iii) rules versus standards, to illuminate the design of the Uniform Probate Code. Specifically, I investigate how these tools, which legal scholars have employed widely in other contexts, may be relevant in understanding events like the nonprobate revolution and issues like “dead …

Razing Lafitte: Defending Public Housing From A Hostile State, Leigh Graham

Publications and Research

The contentious politics of the demolition of Lafitte public housing in post- Katrina New Orleans and its replacement with mixed-income properties is a telling case of the strategic conflicts housing advocates face in public housing revitalization. It reveals how the qualified outcomes of HOPE VI interact with local institutional and historical circumstances to confound the equity and social justice goals of housing and community development advocates. It shows the limits to public housing revitalization as an urban recovery strategy when hostile government leadership characterizes a region, and the state is recast as an adversary rather than revitalization partner. This case …

The Federal Reserve As Last Resort, Colleen M. Baker

Journal Articles

The Federal Reserve, the central bank of the United States, is one of the most important and powerful institutions in the world. Surprisingly, legal scholarship hardly pays any attention to the Federal Reserve or to the law structuring and governing its legal authority. This is especially curious given the amount of legal scholarship focused on administrative agencies that do not have anywhere near as critical a domestic and international role as that of the Federal Reserve. At the core of what the Federal Reserve does and should do is to conduct monetary policy so as to safeguard pricing, including that …

Critical Bifocality And Circuits Of Privilege: Expanding Critical Ethnographic Theory And Design, Lois Weis, Michelle Fine

Publications and Research

Almost 10 years ago, in Working Method (2004), we argued for a critical theory of method for educational studies, which would analyze lives in the context of history, structure, and institutions, across the power lines of privilege and marginalization.

The Man On The Flying Trapeze, Barry Cushman

Journal Articles

Any history of the controversy over President Franklin D. Roosevelt's Court-packing plan sets out to answer three principal questions. The first is how best to tell what I will call the political story: how to understand the political trajectory of the Plan from its initial conceptualization to its ultimate failure. The second is how best to tell what I will call the legal story: how to understand the constitutional landscape that confronted New Deal reformers, how they negotiated it, and how and in what respects the Supreme Court transformed that body of constitutional law during the Great Depression. The third …

Do We Have A Debt Collection Crisis? Some Cautionary Tales Of Debt Collection In Indiana, Judith Fox

Journal Articles

The Federal Trade Commission, in 2009, raised issues about debt collection practices and called on jurisdictions to investigate local practices that may be abusive to consumers. This article is the beginning of a larger study of debt collection practices in Indiana. It examines debt collection cases filed in Indiana courts in a three month period of 2009 and 2011 While most research on this issues has been in small claims court systems, this article suggests that the same, if not greater, consumer abuses exist in other courts. The research shows a pattern of large, national debt collection firms moving away …

Cyber Security Without Cyber War, Mary Ellen O'Connell

Journal Articles

Which government agency should have primary responsibility for the Internet? The USA seems to have decided this question in favour of the military—the US military today has the largest concentration of expertise and legal authority with respect to cyberspace. Those in the legal community who support this development are divided as to the appropriate legal rules to guide the military in its oversight of the Internet. Specialists on the international law on the use of force argue that with analogy and interpretation, current international law can be applied in a way that allows great freedom without sending the message that …

Sindh Health Sector Strategy 2012 – 2020, Shehla Zaidi

Community Health Sciences

No abstract provided.

Overcoming Overcriminalization, Stephen F. Smith

Journal Articles

The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …

Explaining Abuse Of The Disabled Child, Margaret F. Brinig

Journal Articles

This article discusses abuse of disabled children in terms of two competing theories for why it may occur. The evolutionary biology theory has been discussed in the legal literature as well as in biological and social science pieces. The author contrasts this theory with a novel one, mimetic desire, which may be less familiar in legal circles, but which, he believes, better explains the abuse of Attention Deficit Hyperactive Disorder children and offers more hope for preventing abuse without disrupting intact families. While the evolutionary biology explanations for child abuse may be helpful and important, more territory can be covered …

Judging Parents, Judging Place: Poverty, Rurality, And Termination Of Parental Rights, Janet L. Wallace, Lisa R. Pruitt

Missouri Law Review

Parents are judged constantly, by fellow parents and by wider society. But the consequences of judging parents may extend beyond community reputation and social status. One of the harshest potential consequences is the state's termination of parental rights. In such legal contexts, the state assesses parents' merits as parents in relation to a wide array of their characteristics, decisions and actions, including where the parents live. Among those parents judged harshly in relation to geography are impoverished parents who live in rural places. We argue that such judgments are unjust because poor rural parents often do not have ready access …

Defending The Historic Preservation Tax Credit, Lauren K. Shores

Missouri Law Review

Part II of this Comment discusses Missouri's historic preservation tax credit, and supplementing the discussion is some background on the federal rehabilitation tax credit. Part III explains how an historic preservation tax credit statute can be structured and outlines the advantages and disadvantages of these structural aspects. In addition, it discusses how historic preservation tax credits can be used as a redevelopment tool and the economic impact that these credits have had in Missouri. Part III of this Comment will review the recommendations made by the Tax Credit Commission appointed by Missouri Governor Jay Nixon. Finally, in Part IV, this …

Trapped: Missouri Legislature Seeks To Close Workers' Compensation Loophole With Some Co-Employees Still Inside, Alexander Cornwell

Missouri Law Review

This Note is a primer for Missouri practitioners to better understand the practical effect Robinson has had on co-employee liability in Missouri. Part II provides the unassuming factual background giving rise to Robinson's substantial departure from previous case law. To understand the context in which the court decided Robinson, Part III outlines Missouri's historical approach to co-employee liability and the recent statutory amendments mandating strict construction of the workers' compensation act that prompted the court's holding. In response, Part IV considers whether that extensive departure was warranted. After illustrating that the holding is not congruent with legislative intent and historical …

Not So Special After All: How Mayo Granted The Treasury Unfettered Rule-Making Discretion, Daniel W. Graves

Missouri Law Review

On January 11, 2011, the Supreme Court decided Mayo Foundation for Medical Education and Research v. United States, in which it definitively settled on the more deferential Chevron standard for analyzing Treasury Department regulations, finding no justification in treating them differently from regulations of other agencies. In doing so, the Court has given the Treasury Department virtually free rein in crafting new regulations and amending those regulations already in existence. Because taxpayer lawsuits were one of the few ways in which Treasury regulations could be overturned, by instructing the lower to give such regulations the heightened degree of deference that …

Implementer Perspectives: The Implementation Of A School-Based Mentoring Program, Amanda Angela Fixsen

Dissertations and Theses

This research describes organizational level implementation strategies utilized in piloting enhancements to the school-based mentoring program from Big Brothers Big Sisters of America. Semi-structured interviews (n=15) with lead agency implementers along with conference call meeting notes were analyzed using qualitative content analysis. Findings yield a description of the challenges to implementation and strategies to overcome these challenges, formal implementation strategies engaged in, and the extent to which these align with an implementation framework put forth by Klein, Conn, and Sorra (2001) with supplement from Fixsen, Naoom, Blase, Friedman, and Wallace (2005). Findings from this study indicate that financial resources, management …

Development And Implementation Of Acoustic Feedback Control For Scanning Probe Microscopy, Rodolfo Fernandez Rodriguez

Dissertations and Theses

A remote-sensing acoustic method for implementing position control feedback in Scanning Probe Microscopy (SPM) is presented. The capabilities of this feedback control using the new Whispering Gallery Acoustic Sensing (WGAS) method is demonstrated in a Shear-force Scanning Probe Microscope that uses a sharp probe attached to a piezoelectric Quartz Tuning Fork (QTF) firmly mounted on the microscope's frame. As the QTF is electrically driven its mechanical response reaches the SPM frame which then acts as a resonant cavity producing acoustic modes measured with an acoustic sensor strategically placed on the SPM head. The novelty of the WGAS resides in using …